THE CITIZENS AND LEGAL COMMUNITY OF BROWARD COUNTY SINCE

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1 B R O W A R D C O U N T Y B A R A S S O C I A T I O N July 2014 John G. Jordan Incoming President of the BCBA ( ) In this issue: NEW - Legal Heath Corner SERVING Medical THE Marijuana CITIZENS in Florida? AND LEGAL COMMUNITY OF BROWARD COUNTY SINCE 1925 Annual Installation Photos SERVING THE CITIZENS AND LEGAL COMMUNITY OF BROWARD COUNTY SINCE 1925 Broward County Bar Association Barrister

4 PUBLISHER Broward County Bar Association PUBLICATIONS & PUBLICITY COMMITTEE Edwina V. Kessler, Co-chairperson Kimberly Gessner, Co-chairperson EXECUTIVE EDITOR Braulio N. Rosa LAYOUT AND PRINTING Park Row Printing MANAGING EDITOR Bonnie H. Ross CONTRIBUTING WRITERS Kimberly J. Donovan Jared Guberman Nancy Little Hoffman Thomas Oates Barbara J. Prager BILLING INQUIRIES Ext. 204 The Barrister is published monthly by the Broward County Bar Association. All editorial, advertising and photos may be submitted for consideration through to: We reserve the right to reject any ad for any reason. We make every effort to ensure the accuracy of the information published, but cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by our writers and advertisers are not necessarily opinions shared by the BCBA or the Barrister. Ad placement in The Barrister does not constitute an endorsement by the BCBA. The BCBA does not endorse or oppose any candidate or organization in connection with any political campaign or election. ON THE COVER: John G. Jordan, Incoming President of the BCBA ( ) Letter from the President John G. Jordan Young Lawyers Section Letter from the President Lisa Smoker Faw The Florida Right to Medical Marijuana Initiative Jared Guberman 11 John G. Jordan installed as BCBA President Kimberly J. Donovan 14 Coast To Coast Legal Aid of South Florida Marks Ten Year Milestone Barbara J. Prager 19 NEW - Legal Health Corner Thomas Oates 21 Recent Developments in The Law Nancy Little Hoffman 23 Calendar of Events For information on upcoming events, please check out: inside this issue 4 July 2014 Broward County Bar Association Barrister

5 BCBA Officers John G. Jordan - President Robin Moselle - President Elect Charles A. Morehead, III - Treasurer Thomas D. Oates - Secretary Alan Fishman - Past President Braulio N. Rosa - Executive Director BOARD OF DIRECTORS NORTHEAST Michael Kean M. Ross Schulmister Jerome R. Siegel NORTHWEST Gary Landau WEST Donald E. Fucik Gary M. Singer Russell M. Thompson CENTRAL William R. Clayton Michael A. Fischler Jeffrey Harris Jose Izquierdo Edwina V. Kessler Jay Kim Michael Leader SOUTHEAST Anita Paoli Jeffrey Solomon Laura Varela JUDICIAL REPRESENTATIVE The Honorable Martin J. Bidwill EXECUTIVE DIRECTOR Braulio N. Rosa letter from the president Many of us will celebrate the 4th of July holiday with our family and friends, watching parades, wearing red, white and blue, cooking out and watching a beautiful fireworks finale. We are all very fortunate to live in the USA. The signors of the Declaration of Independence risked everything to establish this great Country. Because of the fortitude and courage of those revolutionaries, we are free to enjoy this Holiday. We, as attorneys, have a very important role in continuing the work of our founding fathers by ensuring all citizens, including our clients, receive all the benefits and all protections of the laws to which they are entitled. I am very honored to serve as the President of the Broward County Bar Association. One of my first BCBA leadership roles was being on the House Committee. I went to the old BCBA offices and I met Norma Howard who was the only employee of BCBA at that John G. Jordan time. The building had a reception area and two small offices. The committee consisted of Norma Howard and myself. Norma would ask if I approved a list of repairs before moving forward with them; Norma Howard ran the office very efficiently. Our Norma Howard Bar Center is named after her. Things have changed. Now, the BCBA has almost 3,000 attorney members, and continues to grow. This is 38% of all Florida licensed attorneys practicing in Broward County. The BCBA owns two buildings, free and clear, and maintains a staff of 8 people. Due to the efforts of many, the membership has increased almost 20% over the previous year. As president, one of my main goals will be to increase membership by providing quality, low-cost seminars and events that are meaningful and relevant to our members respective practices, and thus a continuing endeavor to attract members. Here is why you should join the BCBA: 1. Staying Abreast of Essential and Relevant Information One of the primary missions of the BCBA is to offer topical and interesting CLE s at a reasonable cost such as the Lunch and Learn sessions, the section seminars, and the Bi-Annual Bench and Bar Convention. The Barrister regularly features articles on current practice procedures and significant changes in the law. 2. Establishing Relationships with Members A good reputation in the community is essential to building a successful legal career. Participating in the activities and events of BCBA allows our members to establish relationships with local judges and other attorneys in the same practice area and to get referrals from attorneys who do not practice in the member s specific area of law. Conversations lead to practical advice and referrals. 3. Increasing Business Attorneys want to work and the BCBA provides a connection to those potential clients that need an attorney. When a potential client calls the BCBA, the referral is screened and referred to a member of the panel in particular area of law. 4. Making the Community a Better Place to Live and Work. Many BCBA members have a strong urge to give back and improve their profession as well as our community. They understand how lucky they are to be educated as attorneys and to possess the unique skills that impact the lives of others. BCBA members assist Broward Lawyers Care by volunteering to accept cases. The Young Lawyers Section of BCBA raises funds for various charitable organizations through their events. BCBA recognizes these needs of its members and strives to satisfy the member s needs in many ways. 5. We also like to have fun! BCBA has started a Where in the World is the Barrister contest. When you go on vacation, take your Barrister with you. Send to BCBA a picture of you and the Barrister with your vacation spot in the background. The editors might publish your photo. As President, I encourage you, as members, to enlist your colleagues to join and participate in this great organization. Discuss your positive experiences with other attorneys who are not members. I look forward to a great year as your president. Broward County Bar Association Barrister July

7 BCBA Young Lawyers Section OFFICERS Liza Smoker Faw - President Tobi B. Lebowitz - President Elect Jeffrey M. Wank - Treasurer Kelly M. Vogt - Secretary Marissa Pullano - Past President BOARD OF DIRECTORS Jamie D. Alman Lauren M. Alperstein Todd L. Baker Renita F. Henry Lindsay Massillon Brent Reitman Eric S. Rosen Sara M. Sandler Anthony H. Quackenbush Cherine Smith Valbrun Drew Vogt Stacy R. Weissman letter from the young lawyers president A well-rounded attorney is the best kind of all! I am humbled by the opportunity to lead the Young Lawyers Section of the Broward County Bar Association in Since I joined back in 2008, I have watched several outstanding past presidents take this Board to new heights, and this past year was no exception under the tremendous leadership of my dear friend, Marissa Pullano. The Board is hosting more events, raising more for charity, and working with more organizations in the community than it ever had before due to Marissa s leadership. I will certainly have big shoes to fill, but Liza Smoker Faw could not have hoped for a better Board of Directors to work with, including our fantastic Executive Board, Tobi Lebowitz (President-Elect), Jeffrey Wank (Treasurer), and Kelly Vogt (Secretary). The Young Lawyers Section s primary focus is to develop better lawyers. We believe a well-rounded attorney is the best kind of all, which is why this year we will continue to work hard to make attorneys better by focusing on: Education: A well-rounded lawyer knows how to practice law. This year we will have a variety of CLE events, including a new Attorney Boot Camp series especially helpful for those beginning their career. Our members will also have many opportunities to hear from Judges and more experienced attorneys at events such as our luncheons and breakfasts with the Judiciary. Service: A well-rounded lawyer gives back. YLS has been on the front lines of giving back to Broward County. There will be many opportunities for our members to serve through various projects including reading initiatives, pro bono legal services, fundraisers, and several special projects for underprivileged children. Walter G. Skip Campbell Lorna E. Brown-Burton Jay Cohen Adam Glenn Rabinowitz Diana Santa Maria Community: A well-rounded attorney is connected. It is important to get those billable hours, but too many young attorneys make the mistake of not making time to build relationships with their peers. We want young lawyers to promote civility in the profession by building their network in the legal community early on in their careers, as well as friendships and balance in their personal life. By this time, YLS will have already completed a wonderful charity event at the Lauderdale Yacht Club with the Young CPAs and United Way to benefit Broward Youth Coalition. In August, we have our Best Practices for Attorneys Luncheon at the Tower Club with our distinguished judicial panel. On August 21st, we are partnering with Emerge Broward and the Ghost Light Society for a networking event at the Broward Center for Performing Arts. Details for these and many other events can be found on our online calendar. We hope that you will get involved with us this year. If you are interested in joining YLS, partnering with us on an event, or have any questions, please feel free to contact me at Rogers, Morris & Ziegler LLP at (954) or via at Broward County Bar Association Barrister July

9 The Florida Right to Medical Marijuana Initiative Following in the footsteps of twenty-two other states and the District of Columbia, Florida may be the next state to legalize and regulate marijuana as a prescribable treatment option. Those who think this is a novel idea may be surprised to find that, in fact, Florida courts have heard cases involving medical marijuana for a quarter of a century. As early as 1988, the medicinal use of marijuana appeared in Florida trial courts. In State v. Musikka, 14 Fla. L. Weekly 1 (Fla. 17th Cir. Ct. Dec. 28, 1988), medical marijuana was used as an affirmative defense to justify Ms. Musikka s use of the drug for the treatment of her illness. Generally, this medical necessity defense requires a person using marijuana for medicinal purposes to show that he or she acted under the reasonable belief that the marijuana use was necessary to avoid serious medical harm. Specifically, the trial court found that the elements for the medical necessity defense were met and that the law is flexible enough, and humane enough, to allow an individual to preserve her eyesight with a substance that is generally illegal. Judge Polen s opinion also stated that [t]here is a pressing need for a more compassionate, humane law which clearly discriminates between the criminal conduct of those who socially abuse chemicals and the legitimate medical needs of seriously ill patients whose welfare and very lives may depend on the prudent therapeutic use of those very same chemical substances. Thereafter, Florida s appellate courts followed suit and recognized medicinal marijuana as an affirmative defense in Jenks v. State, 582 So. 2d 676 (Fla. 1st DCA 1991) and Sowell v. State, 738 So. 2d 333 (Fla. 1st DCA 1998). In Jenks v. State, the appellate court permitted Mr. and Mrs. Jenks, charged with possession and cultivation of marijuana, to present evidence of their medical use of cannabis. Similar to State v. Musikka, the By: Jared Guberman medical necessity defense was recognized, the elements were met, and the defendants were acquitted. Further, in Sowell v. State, the appellate court held that Mr. Sowell was allowed to pursue the medical necessity defense regarding his cultivating marijuana charge. Fast-forward to the present, in early May 2014, the Florida Legislature approved the Compassionate Medical Cannabis Act of 2014 creating section , Florida Statutes. Thereafter, on June 16, 2014, Florida Governor Rick Scott signed the Act into law. In general, this Act allows specified licensed physicians to prescribe for qualified patients, suffering from cancer or severe seizures or muscle spasms, a low-thc/non-euphoric strain of cannabis (this strain of marijuana is known as the Charlotte s Web ) from dispensing organizations approved by the Department of Health. Moreover, on the November 4, 2014 ballot, a Florida resident initiated state constitutional amendment titled The Florida Right to Medical Marijuana Initiative, Amendment 2, will be voted on. Florida residents will have the opportunity to cast their votes on broader medical marijuana legislation which would allow physicians to recommend various forms of marijuana. With all of this looming change, it begs the question of how Florida attorneys will be impacted once it is all effectuated. In view of the recent legislation and pending vote, and the increasing amount of attorneys seeking guidance and establishing medical marijuana-related consulting businesses, the Florida Bar Board of Governors met on May 23, 2014 to address these issues and approved a policy presented by the Bar s Disciplinary Procedures Committee. This policy provides as follows: The Florida Bar will not prosecute a Florida Bar member solely for advising a client regarding the validity, scope, and meaning of Florida statutes regarding medical marijuana or for assisting a client in conduct the lawyer reasonably believes is permitted by Florida statutes, regulations, orders, and other state or local provisions implementing them, as long as the lawyer also advises the client regarding related federal law and policy. Under this policy, Florida attorneys would be able to advise clients who seek to open medical marijuana businesses. Essentially, Florida now provides a safe harbor for attorneys to advise medical marijuana clients without the risk of discipline by the Florida Bar. Even so, Florida attorneys must still advise clients that growing, using, and selling marijuana remains a federal crime, and that there may be local ordinances conflicting with state and federal laws. That is because marijuana continues to be illegal in the U.S. pursuant to The Controlled Substance Act of While it is possible that attorneys run the risk of criminal prosecution under federal law, the Department of Justice has not actively prosecuted those involved in the distribution and use of medical marijuana. In the coming months and years, this new practice area will quickly expand and marijuana laws will become even more complex. The trichotomy between federal, state, and local laws will present many challenges and opportunities. As a result, Florida attorneys will be called upon to ensure that their clients receive proper advice on compliance, transactions, and legislation regarding medical marijuana. Jared Guberman is a civil and commercial litigation attorney with GPG Law in Fort Lauderdale. He may be contacted at or by at Broward County Bar Association Barrister July

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11 John G Jordan was sworn in as the 89th President of the Broward County Bar Association at the Annual Meeting and Installation Dinner held on June 19, 2014 at the Hyatt Pier 66 in Fort Lauderdale. John Jordan understands the importance of spending time with family. He grew up with his ten brothers and sisters in Chicago, a great Irish-American Family. Many of his siblings were able to attend the BCBA installation. John Jordan has been married to his beautiful and talented wife, Diane Jordan, for over 38 years. He cherishes the time he has with his two children and his two grandchildren. His daughter, Kimberly J. Donovan, an attorney with Squire, Patton, Boggs, is a member of the BCBA and she introduced her father at the installation dinner. His son, Dr. John G. Jordan, is a medical doctor participating in a fellowship program with the U S Center of Disease Control (CDC). Mr. Jordan values education. He received his BBA from the University of Notre Dame, School of Business, with a Marketing Major. He graduated from the University of Miami Law School and was admitted to the Florida Bar in 1973, and the Illinois Bar in He was an assistant public defender in Broward County and John G. Jordan Installed as BCBA President by Kimberly J. Donovan, Esq. later a General Magistrate in Broward County. He went into private practice in 1985 with the law firm of Berryhill, Avery and Williams which later became Berryhill, Williams and Jordan P A. In 1995, he became a sole practitioner as John G. Jordan P A. Mr. Jordan s practice centers in the areas of family law, probate and mediation. John Jordan has been and continues to be, committed to serving his community. He received an Honorable Discharge from the United States Marine Corps in 1975 and has served as the judge advocate of the U S Marine Corps League, Intracoastal Detachment, #1058. He has been a past chairperson of Legal Aid Services of Broward County and Coast to Coast Legal Services. He has also been the chairperson for the City of Fort Lauderdale Board of Adjustment; past president (1987) of the Kiwanis Club of Ft. Lauderdale; and a past president (1984) of the Emerald Society of Ft. Lauderdale. He will use his leadership skills, knowledge and experience that he has gained through his participation in these community organizations to continue to grow and improve the BCBA. John Jordan s immediate goals include increasing the BCBA membership, providing low-cost, relevant seminars by the BCBA Sections, implementing List Serves for the Sections, partnering events with the voluntary bar associations, improving communication technology; as well as updating and improving the BCBA web site. Mr. Jordan will also endeavor to improve and increase the communication between the bench and the bar. In furtherance of these goals, he asks your participation, feedback, and assistance. Kimberly Jordan Donovan is a commercial litigator who has a national practice representing health care entities and other businesses involved in complicated business disputes, litigation and arbitration. Visit her firm s webpage at: squirepattonboggs.com Broward County Bar Association Barrister July

14 COAST TO COAST LEGAL AID OF SOUTH FLORIDA MARKS TEN YEAR MILESTONE By Barbara J. Prager Coast to Coast Legal Aid of South Florida (Coast to Coast) is the regional partner of Legal Aid Service of Broward County (Legal Aid). The two non-profit organizations are located in the same building in Plantation and work together to provide free civil legal assistance to low income residents of Broward County. The year 2014 marks a significant milestone for legal services in Broward County. It represents 40 collective years of seeking and gaining access to justice for the neediest members of our community. Coast to Coast was established to limit the impact of restrictions imposed by Congress on legal aid programs funded by the Legal Services Corporation (LSC), a non-profit agency that funds legal aid programs across the country. In January 2014, Coast to Coast celebrated its ten year anniversary of providing services in Broward County. It is no longer a fledgling program. It has rooted itself in the community as a successful partner with Legal Aid. With that, we still welcome the opportunity to clarify the distinction between the two highly aligned legal aid programs. The primary difference rests most simply in restricted versus unrestricted funding. Coast to Coast receives funding from LSC, accepting restrictions with regard to cases that a legal aid program can handle and clients who are eligible to receive service. The restrictions do not extend to Legal Aid since that program no longer receives LSC funding. By creating a second organization, Coast to Coast and Legal Aid are able to provide a greater variety of services and represent more individuals in need of civil legal assistance. Coast to Coast Legal Aid of South Florida provides a safety net for hundreds of low income residents in our community every year. We make our community stronger one day at a time, one person at a time. It s representing a senior citizen and saving her home from foreclosure. It s assisting a victim of domestic violence who was forced to flee her home with her children to escape an abusive husband. It s getting a disabled veteran his Social Security benefits just days before he was to be evicted from his apartment. These are the faces of our clients and they represent our program s commitment to Broward s most vulnerable citizens. Please celebrate with us as we honor 40 collective years of legal services in Broward County at the 13th Annual FOR THE PUBLIC GOOD gala to be held on October 17, 2014 at the Hilton Fort Lauderdale Marina. FOR THE PUBLIC GOOD is an annual fundraiser for Legal Aid Service of Broward County and Coast to Coast Legal Aid of South Florida. Proceeds benefit families and individuals in seeking and gaining access to justice. To learn more and get involved, contact Dorian Lange, Director of Development, Legal Aid Service of Broward County and Coast to Coast Legal Aid of South Florida at or legalaid.org. Barbara J. Prager is Executive Director of Coast to Coast Legal Aid of South Florida and can be reached at (954) or 14 July 2014 Broward County Bar Association Barrister

16 Offices / Executive Suites for Lease - Available from $445 per month. Furnished/Unfurnished, conference room, ample parking, internet included! Also available: move-in ready offices for Immigration Visa or License Physical Address requirements with mailbox and mail forwarding N. University Dr., Tamarac, FL Call today (954) or Office Space/East Boca Raton. Office space with a paralegal station available in a beautiful new office building in East Boca Raton. Both spaces come fully furnished with free phones, Wi-Fi, and full use of a shared conference room. Available immediately. Contact Jessica Martinez at (561) or BCBA LAWYER REFERRAL SERVICE (LRS) Over 3,500 Referrals Last Year! Join our Lawyer Referral Service The enrollment cost is less than one billable hour! We re changing Florida s energy today to create a better tomorrow for all of us. For more information, contact Lyssette Bedon or July 2014 Broward County Bar Association Barrister

18 Nova Southeastern University Shepard Broad Law Center Congratulates Bruce Rogow as a 50-year member of the Florida Bar. The NSU Law Center would like to congratulate all the members of the Florida Bar celebrating their 50-year membership milestone. The Broward County Bar Association thanks its Annual Sponsors Alpine Jaguar Bob Coury Broad & Cassel Attorneys at Law CopyScan recordshred Ellsley Sobol Attorneys at Law The Eppy Group Fiske and Company Florida Lawyers Mutual Insurance Company Florida Power and Light Fowler White Burnett Keller Landsberg Lexis Nexis Personnel Management Solutions Sabadell Bank Upchurch Watson White & Max Wintter & Associates, P.A. Serving South Florida for over 40 years in Probate, Trust, Estate & Guardianship Litigation and Administration Matters July 2014 Broward County Bar Association Barrister

19 legal health corner Can t Stand to Sit too Long? Stand Up While you Read This! By Thomas Oates As a self-professed early adopter of all things technology, about two years ago I decided to take the plunge and stand up. That is, convert to a standing desk. Early in my legal career it was apparent that not all days were spent in the courthouse presenting brilliant legal theory. Instead, most days were spent sitting behind a desk and staring at a computer monitor. How was it that I could still feel physically exhausted at the end of a long day of sitting? Enter - the standing desk. Like any good attorney, I researched the issue first. I ran across a New York Times article touting the benefits of a standing desk including relief of back and neck pain, channeling restless energy and improving focus. My motivation was simple; eliminate the exhaustion of sitting behind a desk all day long. According to several studies, including the American Journal of Preventive Medicine, a stand up desk increases blood flow, lowers health risks and helps fight the malaise of the practice of law. Having already made the move to an ergonomic chair, wireless telephone headset and dual monitors, the stand up desk was my next upgrade. The reaction of clients has been very positive. More than anything else clients have been curious about the desk. I get the usual questions, including, don t your legs hurt, how do you manage to stand all day long, and how do you like it? Don t get me wrong, it was an adjustment. In the beginning, I decided to take a cold-turkey approach and moved my phone and computer to the standing desk. At the time I still had a sit/stand routine. I would stand to use the computer and sit while on the phone (courtesy of the wireless headset). Fortunately I had enough space to keep both desks. At about day three I purchased a fatigue mat or cushioned carpet for my standing desk. I also changed my footwear while in the office. Together with a pair of Crocs and the fatigue mat I was in business. In about four weeks I had become accustomed to standing all day. Options for a basic off the shelf standing desk start at about $500. I decided to have an existing credenza desk modified for standing which fit better with my office décor. While there is no standard height, most standing desks range from 36 to 50 inches. Based on my height at 6 1 the suggested height is 44.5, which fits me nicely. It s been two years now and I couldn t imagine my office without the standing desk. So what s next, you ask. Perhaps a treadmill under the standing desk Thomas Oates is the Secretary of the Broward County Bar Association and just completed four years on the Board of Directors. He is partners with his father, Dan Oates, at the Law Offices of Oates & Oates, P.A., a civil litigation, business transactions, construction law and real estate practice in Pompano Beach. Broward County Bar Association Barrister July

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